Product liability based on a breach of warranty theory is a form of absolute or strict liability, and negligence need not be established. Injury or damages, a defective product and proximate causation are required elements of a breach of warranty action. A warranty may be said to be a promise by a manufacturer or a seller to stand behind a product. It is a statement about the integrity of the product and about the warrantor's commitment to correct problems if and when the product fails. The law recognizes two basic kinds of warranties: express and implied.
Express warranties are explicitly offered by manufacturers or sellers to their customers in the course of a sales transaction, amounting to promises and statements made about their products or about their commitment to remedy the defects and malfunctions that some customers may experience.
Implied warranties are unspoken, unwritten promises, created by state law, that go from a seller to his or her customer. Implied warranties are based on the common-law principle of "fair value for money spent." The two types of implied warranties that occur in consumer product transactions are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
North Carolina Disclaimer on Website of Express and Implied Warranties: A Detailed Description In the state of North Carolina, it is common practice for businesses and organizations to include disclaimers on their websites regarding both express and implied warranties. These disclaimers serve to inform visitors and customers about the limitations and exclusions associated with the warranties or guarantees offered by the business. Express warranties are explicit promises made by a seller or manufacturer regarding the performance, quality, or functionality of a product or service. These promises are typically stated clearly, either verbally or in writing, and can be found in product descriptions, packaging, or contracts. However, North Carolina businesses often choose to include disclaimers on their websites to limit their liability and clarify the terms of these express warranties. Implied warranties, on the other hand, are not explicitly stated by the seller or manufacturer but are automatically imposed by law. In North Carolina, the Uniform Commercial Code (UCC) governs implied warranties, which include the warranty of merchantability and the warranty of fitness for a particular purpose. The warranty of merchantability ensures that the product is reasonably fit for the ordinary purposes for which it is intended, while the warranty of fitness for a particular purpose guarantees that the product is suitable for a specific use identified by the buyer. Different Types of North Carolina Disclaimers on Website of Express and Implied Warranties: 1. General Warranty Disclaimer: This type of disclaimer clarifies that any express or implied warranties, including fitness for a particular purpose or merchantability, are expressly disclaimed. It highlights that the business does not make any guarantees or assurances regarding the products or services offered on the website. 2. Limited Warranty Disclaimer: This disclaimer sets limitations on the scope or duration of the warranties provided. It may define specific conditions or circumstances under which the warranty will be valid, making it clear that any other situations fall outside the coverage. The limitations may include a time frame, usage restrictions, or maintenance requirements. 3. Non-Warranty Disclaimer: In certain cases, businesses may include a non-warranty disclaimer that specifically states that no warranties are provided at all. This disclaimer is used when the business wants to make it clear to customers that they are purchasing or using products or services at their own risk, without any guarantees from the seller. 4. Exclusion of Consequential Damages: Some North Carolina disclaimers go beyond warranty limitations and highlight the exclusion of consequential damages. Consequential damages generally refer to indirect or secondary damages that may arise due to the use or non-performance of a product or service. By disclaiming these damages, businesses aim to limit their liability for any potential harm caused to the user. In summary, North Carolina businesses incorporate disclaimers on their websites to address the limitations and exclusions associated with both express and implied warranties. These disclaimers provide clarity and protection for businesses, while ensuring that customers are fully informed about the terms and conditions surrounding their purchases. It is essential for businesses to draft these disclaimers carefully, seeking legal advice if necessary, to create a valid and legally binding agreement between the business and its customers.
